A Legal Perspective on the Path to Forming the Legislative Council During the Political Transition in Syria

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Damascus – On June 26, 2025, the Syrian Network for Human Rights issued a report addressing the legal framework necessary for forming an effective legislative council in Syria, one that achieves a balance between the requirements of legitimacy and comprehensive representation on the one hand, and institutional efficiency on the other. The report stressed the importance of seizing the historic opportunity provided by the fall of the Assad regime to build a new legislative system that restores parliament to its status as a genuine institution of legislation and popular oversight, after decades of it being a formal tool used to mislead public opinion and provide legal cover for executive authority decisions.

The report highlighted the shortcomings of the Constitutional Declaration issued on March 13, 2025, which failed to guarantee the independence of the legislative authority and granted the executive authority broad powers to control the formation and powers of the Legislative Council, through Articles 24, 30, 37, 41, and 50.

Basic Principles for Designing an Effective Transitional Parliament in Syria:

The report recommended adopting a set of basic principles to ensure the formation of an effective parliament capable of leading the transitional phase, drafting a new constitution, and establishing sustainable democratic institutions.

1. Expanded Representation According to the Tripartite Representation Mechanism:

The report proposed adopting a tripartite representation model that takes into account the diversity of sources of democratic legitimacy, transcending the exclusive reliance on geographical constituencies. This model is based on:

• Geographical representation through local councils, reflecting regional diversity and ensuring the equitable distribution of reconstruction and development projects.
• Functional representation through unions and economic institutions, to ensure the contribution of professionals and the private sector, and to benefit from technical expertise in the legislative process.
• Representation of civil society, particularly women and youth, to enhance fair representation, enable the Council to defend human rights, and consolidate a comprehensive democratic culture.

2. Mechanisms for Selecting Members of the People’s Assembly:

The report emphasized the need to select members based on the following criteria:

• Competence: Nominating individuals with academic qualifications, professional experience, leadership capabilities, and a sound knowledge of the legislative function.
• Integrity and Anti-Corruption: This requires scrutinizing candidates’ personal and professional records, requiring them to provide transparent financial disclosure, and preventing those implicated in violations or corruption from running.
• Participatory: By organizing consultations between local councils, civil society, and community leaders to select candidates who enjoy broad societal acceptance.
• Representation of Vital Sectors: Allocating seats to sectors such as health, education, law, religion, and the business sector to ensure a diverse range of expertise within the Assembly.

3. Power Sharing and Decision-Making Mechanisms:

• Institutional Guarantees: The report calls for the inclusion of clear power-sharing mechanisms within Parliament, by adopting a proportional representation system (such as the “DONAT” system) for the election of its leadership bodies, ensuring fair representation of political forces.
• Conflict Prevention: The report recommends the use of tools such as “formal objection memoranda” on controversial bills to facilitate negotiation and avoid hasty decisions.
• Strengthening Consultation and Dialogue: Mandatory consultation periods should be imposed on key bills, with civil society involvement in critical sessions, to strengthen the legitimacy of the parliament and expand the scope of national consensus.

4. Commitment to the Transitional Process:

The report emphasizes that the transitional parliament members’ commitment to the political transition process is both a political and moral commitment, including:

• Acceptance of basic constitutional principles.
• Engagement in peaceful political competition.
• Support for the organization of free elections at the end of the transitional period.

These commitments aim to:

• Prevent co-optation or disruption of the transitional process.
• Establish a culture of collective action.
• Enhance transparency and ensure institutional stability.

The report proposes that the transitional parliament be limited to a term of three years, after which general elections should be held, to prevent the transitional status from becoming permanent.

5. Legitimacy and Accountability:

Given that transitional parliaments often suffer from weak legitimacy due to their formation through negotiations rather than elections, the report recommends the following:

• Enhancing transparency by publishing periodic reports on parliamentary work.
• Ensuring accountability through regular consultation mechanisms with civil society.
• Adopting a clear communications strategy that explains parliament’s powers and manages public expectations.
• Organizing public forums and activating media presence to enhance communication between MPs and citizens, and instilling a culture of accountability and public trust.

Powers of the Syrian Legislative Council

The report warns of the danger of the Legislative Council’s subordination to the executive branch, as this poses a direct threat to the structure of democratic governance. It emphasizes the need to establish real powers for the Council that enable it to perform its essential roles, including: oversight of the performance of the transitional government, approval of basic legislation, ratification of the general budget, supervision of the constitution-drafting process, and establishment of the legal framework for the upcoming elections. The report also recommends activating institutional accountability mechanisms that ensure the effectiveness of these powers and the Council’s independence, including:

1. Parliamentary Inquiry Committees: These are a fundamental pillar of democratic oversight. They enable the parliament to investigate cases of corruption and mismanagement and gather the necessary data to develop public policies, particularly during transitional periods.
2. Voting of Confidence Procedures: These represent a central tool for ensuring government accountability. They should be designed to strike a balance between political stability and effective oversight, through clear timelines and adopting a “constructive voting” model that requires the nomination of an alternative government when a vote of confidence is withdrawn.
3. Parliamentary Approval of Senior Appointments: This is an important oversight tool for controlling executive performance and preventing favoritism. It also contributes to strengthening citizens’ confidence in officials by subjecting them to professional and transparent standards.
4. Oversight of Emergency Powers: This is one of the most prominent safeguards for democracy in times of crisis. It requires parliamentary approval and sets precise timeframes and criteria to prevent a recurrence of the violations that occurred during the previous regime.

Building Abilities and Support

The effectiveness of the transitional parliament in Syria requires the implementation of comprehensive institutional capacity-building programs, especially in light of the deteriorating legislative structure resulting from the previous regime’s exploitation of parliament as a tool of authoritarianism, which weakened its role in promoting political and societal awareness. To overcome this legacy, the report recommends focusing technical support on developing legislative capacities, modernizing oversight tools, and regulating committee work according to clear professional standards. It also emphasizes the need to direct international support toward building independent local institutions, while respecting the principle of “national ownership” of the democratic transition process. This includes:

• Continuous training programs for parliament members and technical staff.
• Support for research and analysis units within the legislative institution.
• Providing institutional tools that enable parliament to perform its duties efficiently and independently.

Recommendations

The report presented a set of recommendations directed to various stakeholders, as follows:

• To the Syrian authorities in the transitional phase:

1. Ensuring the independence of the Legislative Council: Implementing the principle of separation of powers, granting Parliament clear powers, including legislation, government accountability, and budget approval, while preventing any interference from the executive branch in its affairs.
2. Adopting an inclusive representative model: Adopting a proportional representation system that reflects Syria’s diversity, ensuring women’s representation at no less than 30%, and allocating clear quotas for marginalized groups such as displaced persons, religious and ethnic minorities, and youth.
3. Establishing transparent mechanisms for selecting members: Adopting public nomination mechanisms involving civil society, local councils, and unions, based on criteria of competence and integrity, free from quotas or exclusion.
4. Activating conflict prevention mechanisms within parliament: Establishing mandatory consultation tools on controversial laws and formal dialogue platforms that address political divisions in an institutional and inclusive manner.
5. Launching national capacity-building programs: Organizing training programs for parliamentarians and administrative staff and establishing legislative and research support units to enhance parliament’s effectiveness and independence.

• To the International Community:

1. Supporting legislative institutions without direct interference: Providing technical and technological support to empower parliament, without imposing external agendas, while respecting Syrian sovereignty.
2. Providing support in the areas of drafting and oversight: Designing training programs for parliament members and staff in the areas of legislation, committee management, and governance.
3. Monitoring guarantees of pluralism: Monitoring the representation of marginalized groups and encouraging transparency in the selection of members.
4. Funding civil society: Providing sustainable funding to support civil society organizations in raising awareness and political participation and building a culture of participatory democracy.

• To Civil society organizations, unions, and community groups:

1. Active Participation in Parliamentary Formation: Nominating competent and credible independent candidates and contributing to the establishment of fair and inclusive selection mechanisms.
2. Overseeing Parliamentary Performance: Monitoring the performance of MPs and demanding their public accountability through civic and media initiatives that support transparency and enhance public trust.
3. Civic and Constitutional Education: Launching extensive awareness campaigns on the roles of parliament and citizens’ rights, with the aim of instilling civic and constitutional responsibility.
4. Building Civic Alliances: Establishing strong civic networks that defend pluralism and enhance the representation of women, minorities, and local communities in decision-making.

• To the Media and Academic Sector:

1. Supporting objective coverage of parliamentary work: Allocating independent media coverage to monitor the formation and performance of parliament and analyze proposed laws, thus enhancing public awareness and transparency.
2. Launching political awareness initiatives: Organizing academic and media workshops and debates that deepen public understanding of parliamentary culture and emphasize the importance of the legislative role in building a truly democratic state.

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